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STATUTORY INSTRUMENTS

2006 No. 2705
FOOD, ENGLAND
The Meat (Official Controls Charges) (England) Regulations 2006

	Made	11th October 2006
	Laid before Parliament	18th October 2006
	Coming into force	1st January 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred on her by section 2(2) of the European Communities Act 1972[1].

     The Secretary of State has been designated[2] for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food.

     As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[3] as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[4] there has been open and transparent public consultation during the preparation of the following Regulations.

Title, application and commencement
     1. These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2006, apply in relation to England only and come into force on 1st January 2007.

Interpretation
     2. In these Regulations —

"accounting period" means a period of less than a year determined by the Agency;

"the Agency" means the Food Standards Agency;

"agreed slaughterhouse staff costs" means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered —

"cutting plant" means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —

(a) is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or

(b) (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31^s^t December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995[

5

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"cutting up" has the meaning that it bears in Regulation 853/2004 and "cut up" shall be construed accordingly;

"Directive 2004/41", "Regulation 178/2002", "Regulation 1642/2003", "Regulation 852/2004", "Regulation 853/2004", "Regulation 854/2004", "Regulation 882/2004", "Regulation 1688/2005", "Regulation 2073/2005", "Regulation 2074/2005", "Regulation 2075/2005", "Regulation 2076/2005" and "Regulation 776/2006" have the meanings respectively given to them in Schedule 1;

"domestic ungulates" has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;

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"establishment" has the meaning given to it in Article 2.1(c) of Regulation 852/2004;

"farmed game" has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;

"food business operator" has the meaning given to it in Article 3.3 of Regulation 178/2002;

"fresh meat" has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;

"game" has the meaning that it bears in Regulation 853/2004;

"game-handling establishment" means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —

^s

^t

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"game meat" has the meaning that it bears in Regulation 853/2004;

"lagomorphs" has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;

"meat" has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;

"official controls" means the controls performed by the Agency under Regulation 854/2004—

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"official controls charge" means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);

"operator" means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;

"placing on the market" has the meaning given to it in Article 3.8 of Regulation 178/2002;

"poultry" has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;

"premises" means any slaughterhouse, game–handling establishment or cutting plant;

"slaughterhouse" means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —

^s

^t

"verification" means checking, by examination and provision of objective evidence; and

"wild game" has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.

Charges
     3. —(1) The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.

    (2) Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.

    (3) Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —

(a) where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or

(b) subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.

    (4) Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.

    (5) Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.

    (6) Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.

Withdrawal of official controls
     4. Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.

Information
     5. —(1) Any person shall, on demand being made by the Agency, supply —

(a) such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and

(b) such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).

(2) Any person who —

(a) in purported compliance with paragraph (1), knowingly or recklessly furnishes information which is false or misleading in a material particular; or

(b) without reasonable excuse, fails to comply within a reasonable time with a demand made under that paragraph,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation
6. The Meat (Official Controls Charges) (England) Regulations 2005[10] are revoked.

Signed by authority of the Secretary of State for Health

Caroline Flint
Minister of State Department of Health

11th October 2006

SCHEDULE 1Regulation 2(1)

DEFINITIONS OF COMMUNITY LEGISLATION

"Directive 2004/41" means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC[11];

"Regulation 178/2002" means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[12] as last amended by Regulation 1642/2003;

"Regulation 1642/2003" means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[13];

"Regulation 852/2004" means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[14] as read with Regulation 2073/2005;

"Regulation 853/2004" means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[15] as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

"Regulation 854/2004" means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[16] as amended by Regulation 882/2004, Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;

"Regulation 882/2004" means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules[17] as read with Regulation 2074/2005 and Regulation 2076/2005 and as amended by Regulation 776/2006;

"Regulation 1688/2005" means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs[18];

"Regulation 2073/2005" means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs[19];

"Regulation 2074/2005" means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004[20];

"Regulation 2075/2005" means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat[21];

"Regulation 2076/2005" means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004[22]; and

"Regulation 776/2006" means Commission Regulation (EC) No. 776/2006 amending Annex VII to Regulation 882/2004 of the European Parliament and of the Council as regards Community reference laboratories[23].

SCHEDULE 2Regulation 2(1)

CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The official controls charge
1. Subject to paragraph 2, the official controls charge payable by the operator of any premises for any accounting period shall be the lower of —

(b) the time costs generated by those premises for that period.

     2. —(1) This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

    (2) Where this paragraph applies, the official controls charge payable by an operator for an accounting period shall be the amount by which amount D exceeds amount B.

    (3) In this paragraph "financial period" means—

The standard charge
     3. The standard charge for any accounting period (expressed in Euros) payable by the operator of a slaughterhouse shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal by the number of animals of that type slaughtered and/or dressed there in the period.

     4. The standard charge for any accounting period (expressed in Euros) payable by the operator of a game–handling establishment in respect of wild game dressed there during that period shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal that is categorised as wild game by the number of animals of that type dressed there in the period.

Type of animal Rate per type of animal in Euros

Bovine animals

aged 6 weeks or more at slaughter 4.5

aged less than 6 weeks at slaughter 2.5

Equidae and other solipeds 4.4

Pigs including wild boar

carcase weight less than 25 kg 0.5

carcase weight greater than or equal to 25 kg 1.3

Sheep, goats and other ruminants not listed elsewhere in this Table

carcase weight less than 12 kg 0.175

carcase weight between 12 and 18 kg inclusive 0.35

carcase weight greater than 18 kg 0.5

Poultry, rabbits, small game birds and ground game

all broilers; all cast hens; other poultry, rabbits, small game birds and ground game weighing less than 2 kg 0.01

poultry (not being broilers or cast hens), rabbits, small game birds and ground game weighing at least 2 kg (except those which are adult and weigh at least 5 kg) 0.02

poultry (not being broilers or cast hens), rabbits, small game birds and ground game (all being adult) and weighing at least 5 kg 0.04

Ostriches and other ratites 1.3

Land mammals and birds of a type not mentioned above 1.3

     5. The standard charge for any accounting period (expressed in Euros) payable by the operator of a cutting plant or of a game–handling establishment in respect of meat brought into the plant or establishment during that period for the purposes of being cut up or boned there shall be calculated by multiplying by 3 the number of tonnes of such meat.

     6. The standard charge (expressed in Euros) shall be converted into sterling by multiplying it by the Euro / sterling conversion rate applicable in the year in which the official controls giving rise to the charge were carried out.

     7. —(1) Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred in relation to the premises for that period.

    (2) The additional charge shall be a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

    (3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the operator of its intention to do so.

    (4) The notification referred to in sub–paragraph (3) shall be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

    (5) For the purposes of this paragraph "inefficiency" means inefficiency on the part of the operator and shall include in particular —

    (6) For the purposes of sub–paragraph (5)(d), (e) and (g), the Agency and the operator shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.

    (7) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub–paragraph (6).

    (8) Where any working hours or working practices have been varied pursuant to sub–paragraph (7) they shall be treated as having been agreed pursuant to sub–paragraph (6).

    (9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub–paragraph (6).

     8. —(1) An operator who does not agree that an additional charge is justified under paragraph 7 may request that the question be determined by a person nominated for the purpose pursuant to sub–paragraph (3)(a).

    (2) A request under sub–paragraph (1) shall be made within 1 week of the Agency giving the operator notice under paragraph 7(3).

    (3) Where an operator makes a request under sub–paragraph (1) —

(4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

Time costs
9. The time costs generated by any premises in any accounting period shall (subject to paragraphs 10 and 11) be calculated by —

10. The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under his contract of employment or contract for services for exercising those official controls.

11. In determining the total time spent in exercising official controls, any time spent by an inspector—

shall be counted as if it were time when the inspector was exercising official controls.

     12. The Agency shall determine the hourly rate applicable to inspectors, and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of exercising official controls by different inspectors or classes of inspector.

     13. The hourly rate for any inspector or class of inspector shall be calculated so as to reflect such proportion of the costs of the items listed in Annex VI to Regulation 882/2004 incurred by that inspector or class of inspector in exercising official controls (excluding any additional costs taken into account pursuant to paragraph 10) as the Agency considers it proper to apportion to that hourly rate.

     14. The Agency may vary any rate determined pursuant to paragraph 12 where, having regard to variations in the costs referred to in paragraph 13, it appears to it to be necessary to do so.

     15. Prior to determining or varying hourly rates in accordance with paragraphs 12 to 14, the Agency shall consult such operators as are likely to be affected by those rates.

Definitions
     16. In this Schedule —

(e) "time costs" means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 9 to 11.

EXPLANATORY NOTE

(This note is not part of the Regulations)

     1. These Regulations apply in relation to England only. They revoke and replace the Meat (Official Controls Charges) (England) Regulations 2005 (S.I. 2005/2983).

     2. These Regulations provide for the execution and enforcement in relation to England of Articles 26 and 27 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L165, 30.4.2004, p.1; the revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum, OJ No. L191, 28.5.2004, p.1), in so far as those provisions require fees to be collected to cover the costs occasioned by official controls performed, first, on meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game under Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L139, 30.4.2004, p.206; the revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.83) and, second, to verify compliance with the animal welfare rules set out in Council Directive 93/119/EC (OJ No. L340, 31.12.93, p.21) in so far as they apply in relation to animals slaughtered for human consumption at slaughterhouses.

     3. These Regulations —

regulation 3

regulation 4

regulation 5

(e) provide that a person who —

is guilty of an offence (regulation 5).

4. Schedule 2 to these Regulations sets out how the official controls charge is to be calculated.

5. A full regulatory impact assessment on the effect that these Regulations will have on the costs of business has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Meat Hygiene and Veterinary Division of the Food Standards Agency, Aviation house, 125 Kingsway, London WC2B 6NH.